The resolution establishes what was authorized, subject to its terms, but the applicant must have lawful rights to the funds. As of September 7, 2026, the general threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustment beginning January 1, 2027. At least ten qualifying full-time jobs per investor and capital placed at risk are also required under the applicable rules.
Read the authority with the underlying obligations
Provide the resolution, ownership records, transaction documents and any restrictions on distribution. Identify creditor claims or approvals that affect access. Do not assume being a director permits personal investment of company funds. The EB-5 source, path, at-risk and job-creation requirements remain separate from the corporate authority to pay.
For EB-5, qualifying capital must be exposed to business risk, the lawful source and path must be documented, and the qualifying enterprise must satisfy the job-creation rules. Residence obtained through the route is conditional before the later removal-of-conditions stage. Hypothetical example: a metal-recycling investor plans to contribute proceeds from a decade-old business sale, but some proceeds passed through a family trust before reaching her account. The first review traces each transfer and identifies the legal documents behind it. The decision is whether the record proves lawful origin and movement of the capital, not simply whether the current balance exceeds the required amount.
Add that conclusion to the evidence index and resolve any inconsistency in the source record, investment agreement, or job plan while documents are current. A later explanation is weaker when the contemporaneous transaction papers tell a different story.
The investor should decide whether to obtain missing primary records now, restructure no transaction simply for appearance, or postpone the filing until the lawful source and route of every material amount can be shown.